Stamps v. Sachse et al

Filing 5

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $23.43 within thirty (30) days of the date of thi s Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint, because the complaint is legally frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B). ( Initial Partial Filing Fee due by 7/6/2012.) Signed by Honorable Stephen N. Limbaugh, Jr on 6/6/2012. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
VONZELL STAMPS,
Plaintiff,
v.
JENNIFER SACHSE, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:12-CV-876-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Vonzell Stamps (registration
no. 523320) for leave to commence this action without payment of the required filing
fee.
28 U.S.C. § 1915(b)(1)
Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil action in forma
pauperis is required to pay the full amount of the filing fee. If the prisoner has
insufficient funds in his or her prison account to pay the entire fee, the Court must
assess and, when funds exist, collect an initial partial filing fee of 20 percent of the
greater of (1) the average monthly deposits in the prisoner’s account, or (2) the
average monthly balance in the prisoner’s account for the prior six-month period.
After payment of the initial partial filing fee, the prisoner is required to make monthly
payments of 20 percent of the preceding month’s income credited to the prisoner’s

account. 28 U.S.C. § 1915(b)(2). The agency having custody of the prisoner will
forward these monthly payments to the Clerk of Court each time the amount in the
prisoner’s account exceeds $10, until the filing fee is fully paid. Id.
Plaintiff has submitted an affidavit and a certified copy of his prison account
statement for the six-month period immediately preceding the submission of his
complaint. A review of plaintiff’s account indicates an average monthly deposit of
$117.17, and an average monthly balance of $6.11. Plaintiff has insufficient funds
to pay the entire filing fee. Accordingly, the Court will assess an initial partial filing
fee of $23.43, which is 20 percent of plaintiff’s average monthly deposit.
28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a complaint filed
in forma pauperis if the action is frivolous, malicious, fails to state a claim upon
which relief can be granted, or seeks monetary relief against a defendant who is
immune from such relief. An action is frivolous if “it lacks an arguable basis in either
law or in fact.” Neitzke v. Williams, 490 U.S. 319, 328 (1989). An action fails to
state a claim upon which relief can be granted if it does not plead “enough facts to
state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 570 (2007).

-2-

In reviewing a pro se complaint under § 1915(e)(2)(B), the Court must give the
complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520
(1972). The Court must also weigh all factual allegations in favor of the plaintiff,
unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 3233 (1992); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).
The Complaint
Plaintiff, an inmate at the Boonville Correctional Center, seeks monetary relief
in this action for the violation of his constitutional rights under 42 U.S.C. § 1983.
Plaintiff's claims apparently arose during his incarceration at the Missouri Eastern
Correctional Center ("MECC"). Named as defendants are the following MECC
employees: Jennifer Sachse (Warden), Brenda Short (Deputy Warden), Keith Wreidt
(Institutional Parole Officer), Gabriel Negretti (Correctional Officer), and Adrian
Barnes (Adjustment Officer/Functional Unit Manager). Plaintiff alleges that, on
December 21, 2011, he was found guilty of a minor conduct violation based on
insufficient evidence. He claims that his parole release date was December 23, 2011,
but because of the false conduct violation, his release date was cancelled and
defendants are still holding him in prison.

-3-

Discussion
Having carefully reviewed the complaint, the Court concludes that dismissal
is warranted under 28 U.S.C. § 1915(e)(2)(B). Plaintiff brings this action against
defendants in their official capacities. See Egerdahl v. Hibbing Community College,
72 F.3d 615, 619 (8th Cir. 1995)(where a complaint is silent about defendant’s
capacity, Court must interpret the complaint as including official-capacity claims);
Nix v. Norman, 879 F.2d 429, 431 (8th Cir. 1989). Naming a government official in
his or her official capacity is the equivalent of naming the government entity that
employs the official, in this case the State of Missouri. See Will v. Michigan Dep’t
of State Police, 491 U.S. 58, 71 (1989). “[N]either a State nor its officials acting in
their official capacity are ‘persons’ under § 1983.” Id. As a result, the complaint is
legally frivolous and fails to state a claim upon which relief can be granted.
As additional grounds for dismissing this action, the Court notes that “an
inmate does not have a constitutionally-protected liberty interest in the possibility of
parole, and [the United States Court of Appeals for the Eighth Circuit] has held that
the Missouri parole statutes ‘create no liberty interest’ under state law in the parole
board's discretionary decisions.” Adams v Agniel, 405 F.3d 643, 645 (8th Cir. 2005)
(citing Greenholtz v. Inmates of Nebraska Penal & Corrections, 442 U.S. 1, 9-11,

-4-

(1979)). Thus, plaintiff's claim relative to the allegedly unjustified cancellation of his
release date is also legally frivolous.
For the above-stated reasons, the Court will dismiss this action under 28 U.S.C.
§ 1915(e)(2)(B).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of
$23.43 within thirty (30) days of the date of this Order. Plaintiff is instructed to make
his remittance payable to “Clerk, United States District Court,” and to include upon
it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that
the remittance is for an original proceeding.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue upon the complaint, because the complaint is legally frivolous and
fails to state a claim upon which relief can be granted.

See 28 U.S.C. §

1915(e)(2)(B).
A separate Order of Dismissal shall accompany this Memorandum and Order.

-5-

Dated this 6th Day of June, 2012.

UNITED STATES DISTRICT JUDGE

-6-